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What happens after a first offense OWI in Michigan? Will you go to jail, lose your license, or face long-term consequences?
If you were arrested for a first offense DUI or OWI in Michigan, you are probably worried about what happens next. The good news is that a first offense OWI in Michigan does not automatically mean jail. However, it is still a serious criminal offense that can carry significant penalties.
Possible penalties for a first offense OWI in Michigan may include:
• Driver’s license suspension or restricted driving privileges
• Heavy fines, court costs, and reinstatement fees
• Probation
• Community service
• Alcohol education, counseling, or treatment
• Increased insurance rates
• Ignition interlock in some cases
• Possible jail time depending on the facts and court
In this video, Michigan DUI lawyer Matthew A. Fraiberg of Fraiberg & Pernie explains what happens after a first offense OWI arrest and what legal defenses may be available.
Important legal issues may include:
✔ Was the traffic stop lawful?
✔ Did police have reasonable suspicion or probable cause?
✔ Were field sobriety tests properly administered?
✔ Was the Datamaster breath test accurate and properly calibrated?
✔ Were your constitutional rights violated?
An OWI arrest is not the same as an OWI conviction.
Every DUI case should be carefully analyzed for legal issues, procedural errors, and constitutional defenses. Early intervention by an experienced Michigan DUI lawyer can significantly affect the outcome of your case.
Fraiberg & Pernie is a Michigan criminal defense and DUI law firm representing clients charged with OWI, DUI, High BAC (“Super Drunk”), and related criminal traffic offenses throughout Oakland County, Wayne County, Macomb County, Birmingham, Bloomfield Hills, Troy, Royal Oak, Rochester Hills, Clarkston, and Metro Detroit.
FAQ
Will I go to jail for first OWI?
Not automatically.
Will I lose my license?
Possible restrictions or suspension may apply.
Call Fraiberg & Pernie today for a consultation: 248-986-2682
Visit: fpattorneys.com
Full Transcript
Refused a breath test in Michigan after a DUI or OWI arrest? Here’s what you need to know.
Many drivers believe refusing a breath test will help their DUI case. In reality, refusing a post-arrest chemical breath test or blood test in Michigan can trigger serious consequences under Michigan’s Implied Consent law.
Possible penalties for refusing a breath test in Michigan include:
• 1-year driver’s license suspension
• 6 points added to your driving record
• Reinstatement fees
• Increased insurance costs
• Additional Secretary of State consequences
In this video, Michigan DUI lawyer Matthew A. Fraiberg of Fraiberg & Pernie explains what happens after a breath test refusal and what defenses may be available.
Key legal questions often include:
✔ Was the traffic stop lawful?
✔ Did police have probable cause to arrest?
✔ Were implied consent rights properly explained?
✔ Was the refusal clear, knowing, and voluntary?
Every DUI case is fact-specific, and mistakes by law enforcement can matter.
If you were arrested for OWI, DUI, High BAC (“Super Drunk”), or refused a breath test in Michigan, early legal action can make a major difference.
Fraiberg & Pernie represents clients across Oakland County, Wayne County, Macomb County, Birmingham, Bloomfield Hills, Troy, Royal Oak, Rochester Hills, Clarkston, and throughout Metro Detroit.
Call today for a consultation: 248-986-2682
Visit: fpattorneys.com
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What Should You Do If You Get Pulled Over for an OWI in Oakland County, Michigan?
Quick Answer:
If you are pulled over for a suspected OWI in Oakland County:
Oakland County is widely recognized for strict enforcement of Michigan OWI laws. Many courts require alcohol testing, counseling, ignition interlock in applicable cases, and intensive probation conditions.
An OWI arrest does not automatically mean you will be convicted. Every case should be evaluated for issues such as:
Prompt legal representation can help preserve evidence, identify defenses, and protect your rights.
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FAQs About OWI Stops in Oakland County, Michigan
Quick Answer: No. During an OWI traffic stop in Michigan, you are generally required to provide your driver’s license, vehicle registration, and proof of insurance when requested. However, you generally do not have to answer investigative questions about alcohol consumption or your activities.
Examples of questions you are not generally required to answer include:
You have the constitutional right to remain silent. If you choose to exercise that right, remain calm, respectful, and courteous. Do not argue with the police officer, resist lawful instructions, or provide false information.
Choosing not to answer investigative questions does not, by itself, establish that you were intoxicated. Every OWI investigation depends on the totality of the evidence, including the officer’s observations, driving behavior, field sobriety testing, breath or blood test results, and other admissible evidence.
Key Takeaway: If you are pulled over for an OWI in Oakland County, Michigan, provide the required identification documents, remain polite, and avoid making statements about alcohol consumption until you have spoken with an experienced Michigan OWI lawyer.
Quick Answer: A Preliminary Breath Test (PBT) is a handheld roadside breath-testing device used by Michigan police officers during an OWI investigation to help determine whether there is probable cause to make an arrest.
The PBT is typically administered before an arrest and is different from the evidentiary chemical breath or blood test requested after an arrest under Michigan’s Implied Consent law.
A Preliminary Breath Test is one piece of evidence that officers may consider along with:
For most drivers who are 21 years of age or older and are not operating a commercial motor vehicle, refusing a Preliminary Breath Test generally results in a civil infraction rather than the separate administrative penalties associated with refusing a post-arrest chemical test.
Key Takeaway: A Preliminary Breath Test is not the same as the evidentiary breath or blood test administered after an OWI arrest. Understanding the difference can be important in a Michigan DUI case.
Quick Answer: After an OWI arrest in Oakland County, Michigan, your case typically moves through several stages, including booking, bond, arraignment, pretrial proceedings, and either dismissal, plea negotiations, or trial.
The typical process includes:
Oakland County is widely recognized as one of Michigan’s more demanding jurisdictions for OWI enforcement. Depending on the court and the circumstances of the case, bond conditions may include:
Every OWI case is different. An experienced Michigan DUI attorney should evaluate whether:
Key Takeaway: An OWI arrest in Oakland County is serious, but an arrest is not a conviction. Early legal representation may significantly affect the outcome of your case.
Quick Answer: You should contact an experienced Michigan OWI lawyer as soon as possible after being stopped, investigated, or arrested for drunk driving.
The earliest stages of an OWI case are often the most important because valuable evidence may need to be preserved.
An experienced OWI attorney may be able to:
Waiting to hire an attorney may reduce opportunities to preserve evidence or address legal issues early in the case.
Fraiberg & Pernie represents clients charged with OWI and DUI offenses throughout Oakland County, Wayne County, Macomb County, and communities across Metro Detroit.
Key Takeaway: If you have been arrested for an OWI in Oakland County, contact an experienced Michigan OWI lawyer as soon as possible to understand your rights, evaluate the evidence, and begin preparing your defense.
Answer: Pull over safely, provide your driver’s license, registration, and proof of insurance, remain polite, avoid answering investigative questions about alcohol consumption, comply with lawful instructions, and contact an experienced Michigan OWI lawyer as soon as possible after an arrest.
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Hello, I’m Matthew Fraiberg, a former city prosecutor and criminal defense attorney with Fraiberg & Pernie.
If you’ve been arrested for a DUI or OWI in Wayne County, Michigan, you probably have one question:
What happens next?
The answer is simple.
An arrest is not a conviction.
Every DUI case is different, and the outcome often depends on the facts, the evidence, and the legal strategy developed early in the case.
After an OWI arrest, you will usually be booked and processed by the police. Depending on the circumstances, you may be released on bond or appear before a judge or magistrate. Your first court appearance is called an arraignment, where the charges are formally presented and bond conditions may be established.
Wayne County courts take DUI charges seriously. Bond conditions may include alcohol testing, travel restrictions, no alcohol consumption, counseling, or other conditions authorized by Michigan law. The specific conditions vary based on the court and the facts of the case.
At Fraiberg & Pernie, every DUI case begins with one question:
Can the prosecution prove its case beyond a reasonable doubt?
To answer that question, we carefully examine every stage of the investigation.
We evaluate whether the traffic stop was lawful.
We determine whether the officer had reasonable suspicion or probable cause.
We review how field sobriety tests were administered.
We analyze breath and blood testing procedures.
We examine police reports, body camera recordings, dash camera footage, witness statements, laboratory records, and any other available evidence.
As a former city prosecutor, I understand how prosecutors evaluate DUI cases. That experience helps us identify legal issues, challenge evidence when appropriate, and build a defense strategy tailored to the facts of each case.
No attorney can promise a particular result. However, a thorough review of the evidence can identify legal issues that may significantly affect the outcome of your case.
If you have been arrested for a DUI or OWI in Wayne County, Michigan, the sooner you speak with an experienced Michigan DUI lawyer, the sooner your attorney can begin protecting your rights and preparing your defense.
I’m Matthew Fraiberg with Fraiberg & Pernie.
Thank you for watching.
After a DUI arrest in Wayne County, Michigan, you will typically be booked, released on bond or appear before a judge, attend an arraignment, participate in pretrial proceedings, and ultimately resolve the case through dismissal, plea negotiations, or trial. Every case follows its own timeline depending on the facts, the court, and the evidence.
Yes. Every DUI case should be evaluated to determine whether the traffic stop was lawful, whether police had reasonable suspicion or probable cause, whether field sobriety tests and chemical testing complied with Michigan law, and whether constitutional rights were respected. The available defenses depend on the specific facts of the case.
Wayne County courts take DUI and OWI offenses seriously. Depending on the court and the facts of the case, judges may impose bond conditions such as alcohol testing, counseling, travel restrictions, or other lawful conditions while the case is pending.
You should contact an experienced Michigan DUI lawyer as soon as possible after your arrest. Early representation can help preserve evidence, obtain police reports and video recordings, identify legal issues, and prepare for your first court appearance.
Answer: After a DUI arrest in Wayne County, Michigan, you will usually be booked, released on bond or appear before a judge, attend an arraignment, participate in pretrial proceedings, and either resolve the case through dismissal, plea negotiations, or trial. An experienced Michigan DUI lawyer should review the legality of the traffic stop, field sobriety testing, chemical testing, police procedures, and all available evidence to determine the strongest defense strategy.
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What Happens After a DUI Arrest in Macomb County, Michigan? | Michigan OWI Lawyer Explains
What happens after a DUI arrest in Macomb County, Michigan?
Answer: Your case usually involves booking, bond, arraignment, pretrial hearings, and either dismissal, plea negotiations, or trial. An arrest is not a conviction.
If you are arrested for a DUI or OWI in Macomb County, Michigan, your case will usually involve booking, bond, arraignment, pretrial hearings, and either dismissal, plea negotiations, or trial. An arrest is not a conviction, and every case should be carefully reviewed by an experienced Michigan DUI lawyer.
Hello, I’m Matthew Fraiberg, a former city prosecutor and criminal defense attorney with Fraiberg & Pernie.
In the next few minutes, I’ll explain exactly what typically happens after a DUI arrest in Macomb County and why the earliest decisions can significantly affect your case.
If you’ve been arrested for a DUI or OWI in Macomb County, Michigan, you may be feeling overwhelmed and uncertain about what comes next.
The first thing to remember is simple:
An arrest is not a conviction.
Many people assume there is nothing they can do after an arrest. That is simply not true.
Every DUI case is different, and every case deserves a thorough legal review.
After your arrest, you will typically be taken to the police station for booking and processing. Depending on the circumstances, you may be released on bond or brought before a judge or magistrate.
Your first court appearance is called an arraignment.
At the arraignment, the court formally advises you of the charges and may establish bond conditions while your case is pending.
Depending on the court and the facts of your case, those conditions may include:
• Alcohol testing
• Drug testing
• Restrictions on alcohol consumption
• Travel restrictions
• Other lawful conditions ordered by the court
At this point, the prosecution begins building its case.
Your defense should begin as well.
At Fraiberg & Pernie, we believe every DUI case starts with one important question:
Can the prosecution prove every element of the charge beyond a reasonable doubt?
To answer that question, we carefully examine every part of the investigation.
We review whether the officer had legal grounds to stop your vehicle.
We determine whether the officer had reasonable suspicion or probable cause.
We analyze whether field sobriety tests were administered according to accepted procedures.
We review breath testing, blood testing, laboratory records, calibration records when applicable, police reports, dash camera video, body camera footage, witness statements, and every available piece of evidence.
As a former city prosecutor, I understand how prosecutors evaluate DUI cases.
My law partner, Eric Pernie, is a former Michigan police officer who understands how OWI investigations are conducted in the field.
That combined experience helps us evaluate cases from multiple perspectives and identify legal issues that may affect the outcome.
No attorney can promise a particular result, because every case depends on its own facts and the applicable law.
However, early legal representation can make a meaningful difference by preserving evidence, identifying legal issues, preparing for court, and helping you understand your rights and options.
If you’ve been arrested for a DUI or OWI in Macomb County, Michigan, speak with an experienced Michigan criminal defense lawyer as soon as possible.
The sooner your attorney begins reviewing your case, the sooner your defense can begin.
I’m Matthew Fraiberg with Fraiberg & Pernie.
Thank you for watching.
Answer: Most DUI cases begin with booking, bond, arraignment, pretrial hearings, and eventually resolution through dismissal, plea negotiations, or trial. Every case follows its own path depending on the facts, the evidence, and Michigan law.
Answer: Not every first-offense DUI results in jail. The outcome depends on the specific facts of the case, your criminal history, the evidence, and the decisions made by the court. An experienced Michigan DUI attorney can explain the potential consequences based on your circumstances.
Answer: Some DUI cases may be dismissed or resolved favorably when legal or evidentiary issues exist. Every case should be evaluated individually. Potential issues may involve the legality of the traffic stop, field sobriety testing, chemical testing, police procedures, or constitutional protections. No attorney can guarantee a particular outcome.
Answer: You should contact an experienced Michigan DUI lawyer as soon as possible after your arrest. Early legal representation allows your attorney to preserve evidence, obtain police reports and video, evaluate the legality of the investigation, and prepare for your first court appearance.
Question: What happens after a DUI arrest in Macomb County, Michigan?
Answer: After a DUI or OWI arrest in Macomb County, Michigan, you will generally go through booking, bond, arraignment, pretrial proceedings, and ultimately resolution through dismissal, plea negotiations, or trial. Every case should be reviewed for issues involving the traffic stop, field sobriety testing, breath or blood testing, constitutional protections, and the strength of the prosecution’s evidence. An arrest is not the same as a conviction, and early legal representation can help protect your rights.
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Should I Refuse a Breath Test in Michigan? | Michigan Implied Consent Law Explained
Question: Should I refuse a breath test in Michigan?
Quick Answer: It depends on which breath test the officer is requesting. Michigan law treats the roadside Preliminary Breath Test (PBT) differently from the post-arrest evidentiary chemical test required under the state’s Implied Consent law. Understanding that difference is important because the legal consequences are not the same.
Hello, I’m Matthew Fraiberg, a former city prosecutor and criminal defense attorney with Fraiberg & Pernie. In this video, I’ll explain the difference between these tests, what Michigan’s Implied Consent law means, and why understanding your rights matters if you’re investigated for DUI or OWI.
One of the biggest misunderstandings in Michigan DUI cases involves breath testing.
Many people believe there is only one breath test.
There isn’t.
Michigan law distinguishes between two different tests, and each serves a different purpose.
The first is the Preliminary Breath Test, commonly called a PBT.
The PBT is a handheld device used during a roadside OWI investigation before an arrest. Police officers use it, along with other observations, to help determine whether there is probable cause to make an arrest.
The second is the evidentiary chemical test requested after a lawful arrest. Depending on the circumstances, this may be a breath, blood, or, in some situations, urine test. Michigan’s Implied Consent law generally applies to this post-arrest chemical test.
Because these are different tests, the legal consequences of refusing them are different.
For many drivers who are 21 or older and not operating a commercial vehicle, refusing a roadside PBT may result in a civil infraction. Refusing the post-arrest evidentiary chemical test, however, may lead to separate administrative consequences under Michigan’s Implied Consent law, in addition to the criminal case. The exact consequences depend on the facts and the applicable law.
Every DUI investigation is unique.
A careful legal review should examine:
At Fraiberg & Pernie, we review police reports, body camera recordings, dash camera footage, laboratory records, witness statements, and other available evidence to evaluate every aspect of a DUI investigation.
As a former city prosecutor, I understand how prosecutors evaluate these cases. My law partner, Eric Pernie, is a former Michigan police officer who understands how DUI investigations are conducted in the field. Together, we use those perspectives to analyze the evidence and develop a defense strategy tailored to each client.
No attorney can promise a particular outcome because every case depends on its own facts and the law that applies. However, obtaining legal advice as early as possible can help preserve evidence, identify legal issues, and prepare your defense.
If you’ve been investigated or arrested for DUI or OWI in Michigan, contact Fraiberg & Pernie to discuss your situation.
I’m Matthew Fraiberg.
Thank you for watching.
Answer: The answer depends on which breath test the officer is requesting. Michigan law treats the roadside Preliminary Breath Test (PBT) differently from the post-arrest evidentiary chemical test governed by the state’s Implied Consent law. Because the legal consequences differ, it is important to understand which test has been requested.
Answer: A Preliminary Breath Test (PBT) is a handheld roadside test used before an arrest to help determine probable cause. The post-arrest evidentiary chemical test is requested after a lawful arrest and is generally subject to Michigan’s Implied Consent law. These tests have different legal purposes and different potential consequences if refused.
Answer: Michigan’s Implied Consent law generally provides that a person lawfully arrested for suspected OWI is considered to have consented to an evidentiary chemical test requested after the arrest. Refusing that test may result in administrative consequences that are separate from the criminal case.
Answer: You should contact an experienced Michigan DUI lawyer as soon as possible after a DUI investigation or arrest. Early legal representation can help preserve evidence, review police reports and recordings, evaluate the legality of the investigation, and prepare a defense based on the facts of your case.
Question: Should I refuse a breath test in Michigan?
Answer: Michigan law distinguishes between a roadside Preliminary Breath Test (PBT) and the post-arrest evidentiary chemical test requested under the state’s Implied Consent law. These tests have different legal purposes and different potential consequences if refused. If you are investigated or arrested for OWI, understanding which test has been requested and obtaining prompt legal advice are important steps in protecting your rights.
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If you’ve been arrested for a High BAC, sometimes called a “Super Drunk” DUI, in Oakland County, you’re probably wondering whether this charge is different from a standard OWI.
The answer is yes.
Under Michigan law, a High BAC charge generally alleges a blood alcohol content of 0.17 or higher and may carry enhanced penalties if there is a conviction. But that does not mean your case is hopeless or that the outcome is predetermined.
I’m Matthew Fraiberg, a former city prosecutor and criminal defense attorney with Fraiberg & Pernie, and in this video I’ll explain what a High BAC charge means, what prosecutors must prove, and why every case deserves a careful legal review.
One of the biggest misconceptions about a High BAC charge is that the breath or blood test tells the whole story.
It doesn’t.
A chemical test is an important piece of evidence, but it is only one part of the prosecution’s case.
Before anyone is convicted of a High BAC DUI, the prosecution still has the burden of proving every required element under Michigan law.
That means the entire investigation matters—not just the test result.
Questions that often deserve close attention include:
Why was the vehicle stopped?
Did the officer have a lawful reason for initiating the traffic stop?
Were field sobriety tests administered correctly?
Was the breath or blood sample collected and handled according to Michigan law?
Were the testing instruments properly maintained and operated?
Were your constitutional rights respected throughout the investigation?
Each of these issues can affect how a case is evaluated.
In Oakland County, DUI cases are taken seriously. Depending on the court and the facts of your case, you may face bond conditions such as alcohol testing, restrictions on alcohol use, counseling, or other court-ordered requirements while your case is pending.
That is why it is important to begin preparing your defense early.
At Fraiberg & Pernie, we conduct a comprehensive review of every High BAC case. We analyze police reports, body camera recordings, dash camera footage, laboratory records, witness statements, and other available evidence to determine whether legal or factual issues may affect the prosecution’s case.
As a former city prosecutor, I understand how these cases are evaluated by the government.
My law partner, Eric Pernie, is a former Michigan police officer who understands how DUI investigations are conducted in the field.
By combining those perspectives, we work to identify issues that might otherwise be overlooked and develop a defense strategy based on the unique facts of each case.
Every High BAC case is different.
No attorney can promise a specific outcome, but every person charged with a DUI deserves a thorough review of the evidence and clear guidance about the legal process.
If you’ve been charged with a High BAC DUI in Oakland County or anywhere in Michigan, speaking with an experienced criminal defense attorney as early as possible can help you understand your options and prepare for what comes next.
I’m Matthew Fraiberg with Fraiberg & Pernie.
Thank you for watching.
Not necessarily. A High BAC allegation is more serious because Michigan law provides enhanced penalties for qualifying offenses if there is a conviction. However, prosecutors must still prove the charge, and every case should be evaluated based on the facts, the evidence, and the law.
No. A breath or blood test is one piece of evidence. Courts may also consider the circumstances of the traffic stop, field sobriety testing, witness testimony, officer observations, and whether legal procedures were properly followed.
Oakland County courts are known for closely supervising many DUI cases. Depending on the circumstances, judges may impose bond conditions such as alcohol testing, counseling, or other lawful requirements while the case is pending.
As soon as possible. Early legal representation allows your attorney to review the evidence, preserve important records, evaluate the investigation, and begin preparing a defense before key court proceedings.
Question: What is a High BAC (“Super Drunk”) DUI in Oakland County, Michigan?
Answer: A High BAC DUI generally alleges a blood alcohol content of 0.17 or higher. While the charge may carry enhanced penalties if there is a conviction, the prosecution must still prove every required element of the offense. Every case should be evaluated by reviewing the legality of the traffic stop, chemical testing procedures, police investigation, and all available evidence.
Hi, I’m Matthew Fraiberg, a criminal defense attorney with Fraiberg & Pernie Criminal Defense Lawyers.
One of the most common questions I hear is:
“Can my OWI be reduced or dismissed?”
The short answer is yes—it’s possible. But it depends on the facts of your case, the evidence, the law, and the court where your case is being handled.
No honest attorney can promise that an OWI will be reduced or dismissed before reviewing the evidence. Every case is different, and every case deserves its own defense strategy.
As a former city prosecutor, I know how prosecutors evaluate OWI cases and what they need to prove beyond a reasonable doubt. Today, I use that experience to identify weaknesses in the prosecution’s case and to protect my clients’ rights.
At Fraiberg & Pernie, my law partner, Eric Pernie, is a former Michigan police officer. Together, we evaluate OWI cases from both the prosecution’s and law enforcement’s perspectives. That gives us a unique understanding of how these cases are investigated, prosecuted, and defended.
So, how can an OWI sometimes be reduced?
In some cases, negotiations with the prosecutor may result in a reduced charge. Whether that’s possible depends on many factors, including your blood alcohol content, whether there was an accident, your prior record, the strength of the evidence, and the practices of the local court and prosecutor’s office.
Just as important, we look for legal issues that may affect the prosecution’s case.
For example, I ask questions like:
Did the officer have a legal reason to stop the vehicle?
Was there reasonable suspicion for the traffic stop?
Was there probable cause to make the arrest?
Were the field sobriety tests administered properly?
Were your constitutional rights respected throughout the investigation?
If the answer to any of those questions raises concerns, it may create opportunities to challenge important evidence.
I also closely review every piece of evidence in the case.
That includes police reports, dash camera video, body camera footage, Datamaster breath test records, blood test documentation, witness statements, dispatch recordings, laboratory reports, and maintenance records for breath-testing equipment.
Sometimes that review confirms the evidence is solid.
Other times, it uncovers inconsistencies, procedural mistakes, or legal issues that can make a significant difference in the outcome of a case.
People often ask me whether breath tests can be challenged.
The answer is yes.
Breath-testing instruments must be properly maintained, calibrated, and operated according to established procedures. Medical conditions, testing errors, observation period issues, and equipment problems can all become important depending on the facts.
The same is true for field sobriety tests.
These tests are not perfect. Balance problems, medical conditions, uneven pavement, weather, fatigue, age, anxiety, injuries, or improper instructions from an officer can all affect a person’s performance.
That’s why I never assume that field sobriety tests tell the whole story.
Another question I hear is whether every OWI case goes to trial.
The answer is no.
Many cases are resolved through negotiations, evidentiary motions, or other legal proceedings before trial. However, if trial becomes the best option for protecting my client’s interests, I am fully prepared to take that case to court.
One thing I always tell people is this:
The sooner you speak with an experienced OWI defense attorney, the better.
Important evidence can disappear. Video recordings may be overwritten. Witnesses become harder to locate. Memories fade. Acting quickly allows us to preserve evidence, investigate the facts, and begin building the strongest defense possible.
If you’ve been arrested for an OWI in Oakland County, Wayne County, Macomb County, or anywhere in Michigan, don’t assume the outcome is already decided.
Every case deserves a careful legal analysis.
Every case deserves an experienced defense.
I’m Matthew Fraiberg with Fraiberg & Pernie Criminal Defense Lawyers. If you’d like to discuss your OWI case, contact our office. We’ll review the facts, explain your options, answer your questions, and help you understand the best path forward.
Thank you for watching.
Hi, I’m Matthew Fraiberg, a criminal defense attorney with Fraiberg & Pernie Criminal Defense Lawyers.
One of the most common questions I hear is:
“What is a bench warrant, and what should I do if I have one in Michigan?”
The short answer is this:
A bench warrant is a court order signed by a judge that authorizes law enforcement to arrest you and bring you before the court. Unlike an arrest warrant, which is usually issued because police believe a crime has been committed, a bench warrant is typically issued because someone did not comply with a court order or failed to appear in court.
Many people are surprised to learn they have a bench warrant. Sometimes they moved and never received a notice. Sometimes they missed a court date by mistake. Other times, they failed to complete probation requirements or pay a court-ordered fine.
No matter how it happened, you should take a bench warrant seriously.
In Michigan, a judge may issue a bench warrant for several reasons, including:
Failing to appear for a scheduled court hearing.
Missing an arraignment, pretrial conference, motion hearing, or trial.
Violating the conditions of probation.
Failing to comply with a court order.
Failing to pay court-ordered fines or costs when required.
Failing to complete court-ordered classes, counseling, treatment, or community service.
Every court is different, but once a bench warrant is issued, it generally remains active until the court recalls it or you appear before the judge.
Yes.
If law enforcement discovers that you have an active bench warrant, you may be arrested during a traffic stop, at your home, at work, or during any other contact with police.
Depending on the circumstances, you may be taken directly to jail and required to appear before the court.
That’s why ignoring a bench warrant usually makes the situation more difficult—not easier.
Often, yes.
In many cases, an attorney can contact the court, determine why the warrant was issued, and work toward resolving it through the appropriate legal process.
Sometimes the court will allow a person to voluntarily appear.
In other situations, a motion can be filed asking the judge to recall or set aside the warrant.
The right strategy depends on the court, the reason the warrant was issued, your criminal history, and the specific facts of your case.
No.
Ignoring a bench warrant can lead to additional legal problems, including arrest, delays in your case, additional court proceedings, and in some situations, higher bond requirements.
Addressing the issue early often gives you more options than waiting until you are unexpectedly arrested.
The first step is to confirm whether a warrant actually exists.
Do not rely on rumors or assumptions.
An experienced criminal defense attorney can help determine whether a warrant has been issued, explain why it was issued, and discuss the safest and most effective way to resolve it.
Every situation is different, and the best approach depends on the specific facts of your case.
At Fraiberg & Pernie, we regularly represent clients facing criminal charges, probation violations, missed court appearances, and bench warrants throughout Oakland County, Wayne County, Macomb County, and courts across Michigan.
As a former city prosecutor, I understand how courts evaluate these cases and what judges expect when someone returns to court after a warrant has been issued.
My law partner, Eric Pernie, is a former Michigan police officer. Together, we bring experience from both sides of the criminal justice system to help clients navigate challenging situations and pursue the best possible outcome.
What is a bench warrant in Michigan?
A bench warrant is a court order authorizing law enforcement to arrest someone who failed to comply with a court order or failed to appear in court.
Can I be arrested for a bench warrant?
Yes. If an active bench warrant exists, police may arrest you when they encounter you.
Will a bench warrant go away on its own?
Generally, no. Most bench warrants remain active until the court recalls them or the matter is resolved.
Can an attorney help clear a bench warrant?
In many cases, yes. An attorney can evaluate the circumstances, communicate with the court when appropriate, and help determine the best strategy for resolving the warrant.
If you believe you may have a bench warrant in Michigan, don’t ignore it and don’t assume it will resolve itself.
The sooner you understand your legal situation, the more options you may have.
I’m Matthew Fraiberg with Fraiberg & Pernie Criminal Defense Lawyers.
If you have questions about a bench warrant, a missed court date, probation, or any criminal matter in Michigan, contact our office. We’ll review your situation, explain your legal options, and help you determine the next step.
Thank you for watching.
Hi, I’m Matthew Fraiberg, a criminal defense attorney with Fraiberg & Pernie Criminal Defense Lawyers.
If you’ve recently been arrested for an OWI or DUI in Michigan, you’re probably asking yourself one question:
“What should I do now?”
The decisions you make in the hours and days after an arrest can affect your case, your driver’s license, your job, and your future.
Today, I’m going to walk you through the 10 biggest mistakes people make after a Michigan DUI arrest—and how to avoid them.
An arrest is not a conviction.
Just because you were arrested does not mean the prosecution can prove its case beyond a reasonable doubt.
Every OWI case should be carefully reviewed. The traffic stop, the officer’s observations, the field sobriety tests, the breath or blood test, and every step of the investigation should be examined for legal and factual issues.
Never assume your case is hopeless simply because you were arrested.
Time matters.
Dash camera footage, body camera video, surveillance recordings, witness memories, and other evidence may become harder to obtain as time passes.
The earlier an experienced Michigan OWI attorney reviews your case, the sooner potential legal issues can be identified and important evidence can be preserved.
Anything you say about your arrest could potentially become evidence.
Avoid discussing your case online or posting details about what happened.
Even well-intentioned comments can create unnecessary complications.
If you have questions about your case, discuss them with your attorney—not social media.
If the court orders alcohol testing, drug testing, counseling, travel restrictions, or other bond conditions, take them seriously.
Violating bond conditions can create additional legal issues and may affect how the court views your case.
Always understand exactly what the judge has ordered and follow those conditions carefully.
Missing court can lead to serious consequences.
A judge may issue a bench warrant, your bond could be affected, and your case may become significantly more complicated.
If you cannot attend a scheduled hearing, contact your attorney immediately to discuss your options.
Many people believe breath test results are automatically accurate.
That’s not always true.
Breath-testing procedures, machine maintenance, calibration records, observation requirements, and other factors may all become important depending on the facts of the case.
Every piece of evidence deserves careful review.
Field sobriety tests are investigative tools—not perfect measures of impairment.
Medical conditions, fatigue, uneven pavement, weather, footwear, injuries, anxiety, and improper instructions can all influence performance.
That’s why an experienced attorney evaluates how the tests were administered and interpreted—not just the final conclusion.
A DUI conviction can affect your driver’s license, employment opportunities, insurance costs, professional licenses, and criminal record.
When selecting an attorney, consider experience, communication, courtroom knowledge, and familiarity with Michigan OWI law—not simply the lowest fee.
The value of experienced legal representation often extends well beyond the courtroom.
Many people focus only on the next court date.
But an OWI conviction may have lasting consequences, including driver’s license sanctions, increased insurance premiums, employment issues, professional licensing concerns, and a permanent criminal record in many situations.
Understanding the full picture helps you make informed decisions throughout your case.
No two DUI cases are identical.
The facts, the evidence, the court, the prosecutor, your driving history, and the legal issues involved all matter.
What happened in someone else’s case may have no bearing on yours.
Every case deserves an individualized legal strategy.
If you’ve been arrested for OWI or DUI, take these steps:
Remain respectful throughout the legal process.
Carefully follow every bond condition.
Attend every court hearing.
Preserve any documents related to your arrest.
Avoid discussing your case publicly.
Speak with an experienced Michigan OWI defense attorney as soon as possible.
Early legal guidance can help you understand your rights, evaluate the evidence, and make informed decisions about your case.
At Fraiberg & Pernie Criminal Defense Lawyers, we represent clients charged with OWI, DUI, and criminal offenses throughout Oakland County, Wayne County, Macomb County, and across Michigan.
As a former city prosecutor, I understand how DUI cases are evaluated by the prosecution.
My law partner, Eric Pernie, is a former Michigan police officer who understands how DUI investigations are conducted in the field.
Together, we examine every case from multiple perspectives, looking for legal issues, evidentiary weaknesses, and strategic opportunities while helping our clients navigate every stage of the criminal justice process.
If you’ve been arrested for an OWI or DUI in Michigan, don’t panic—and don’t assume the outcome is already decided.
The actions you take after your arrest can make a meaningful difference.
I’m Matthew Fraiberg with Fraiberg & Pernie Criminal Defense Lawyers.
If you have questions about an OWI, DUI, or any criminal charge in Michigan, contact our office. We’ll review your case, explain your legal options, and help you understand the next steps.
Thank you for watching.
If your criminal case or OWI is scheduled in the 48th District Court in Bloomfield Hills, Michigan, you’re probably wondering one thing:
“What should I expect?”
I’m Matthew Fraiberg, a criminal defense attorney with Fraiberg & Pernie Criminal Defense Lawyers, and I’ve represented clients in courts throughout Oakland County, including the 48th District Court.
One of the biggest mistakes people make is assuming every Michigan court operates the same way.
It doesn’t.
Every district court has its own procedures, expectations, scheduling practices, and approach to criminal and OWI cases. Understanding how the process works before you walk into the courtroom can reduce uncertainty and help you make informed decisions.
The 48th District Court hears many criminal and traffic matters, including:
OWI and DUI charges
Reckless driving
Driving while license suspended
Drug possession offenses
Assault and battery
Domestic violence cases
Retail fraud
Probation violations
Traffic misdemeanors
Preliminary examinations in felony cases
If you’re charged with a felony, the district court generally handles the early stages of the case before it may proceed to circuit court.
For many people, the first hearing is an arraignment.
At an arraignment, the court typically:
Advises you of the charges.
Explains your constitutional rights.
Discusses bond or bond conditions.
Schedules future court dates.
Depending on the circumstances, an arraignment may not always be required if your attorney is able to address certain procedural matters in advance.
Every case is different.
Most criminal and OWI cases continue through several stages, which may include:
Pretrial conferences
Discovery and evidence review
Negotiations with the prosecutor
Legal motions
Evidentiary hearings
Trial, if necessary
Each stage serves a different purpose, and the strategy often evolves as additional evidence becomes available.
Knowing Michigan criminal law is important.
Understanding how a particular court operates is also valuable.
Every court has its own scheduling practices, courtroom procedures, and expectations. An attorney familiar with the local process can often anticipate procedural issues, prepare clients more effectively, and develop a strategy tailored to the specific court and the facts of the case.
If you’re facing an OWI charge, your case may involve:
Reviewing the legality of the traffic stop.
Examining body camera and dash camera footage.
Evaluating field sobriety tests.
Reviewing breath or blood test evidence.
Identifying constitutional or evidentiary issues.
Negotiating with the prosecution when appropriate.
Preparing for hearings or trial if necessary.
Every OWI case deserves an independent review because no two cases are exactly alike.
Preparation matters.
Before appearing in court, make sure you:
Know your court date and arrival time.
Understand any bond conditions.
Bring requested documents.
Dress professionally.
Arrive early.
Follow every court order.
Speak with your attorney about what to expect.
Being prepared helps the process go more smoothly and allows you to focus on your defense.
At Fraiberg & Pernie Criminal Defense Lawyers, we represent clients throughout Oakland County and across Michigan in OWI, DUI, misdemeanor, felony, and traffic cases.
As a former city prosecutor, I understand how criminal cases are evaluated by the prosecution.
My law partner, Eric Pernie, is a former Michigan police officer who understands how investigations begin long before a case reaches the courtroom.
Together, we evaluate every case from multiple perspectives, looking for legal defenses, evidentiary issues, and strategic opportunities based on the unique facts of each case.
If your case is scheduled in the 48th District Court, preparation is one of the most important things you can do.
Understanding the process, knowing what to expect, and having experienced legal guidance can make a significant difference as your case moves forward.
I’m Matthew Fraiberg with Fraiberg & Pernie Criminal Defense Lawyers.
If you’ve been charged with an OWI, DUI, or any criminal offense in the 48th District Court or anywhere in Oakland County, contact our office. We’ll review your case, explain the legal process, answer your questions, and help you understand the options available to you.
Thank you for watching.
Transcript
What Happens in a Criminal Case at the 52-4 District Court in Troy, Michigan?
If you’ve been charged with a crime or an OWI in Troy or Clawson, there’s a good chance your case will be heard in the 52-4 District Court in Troy, Michigan.
I’m Matthew Fraiberg, a criminal defense attorney with Fraiberg & Pernie Criminal Defense Lawyers, and I regularly represent clients throughout Oakland County.
One of the first things people ask me is:
“What is actually going to happen in court?”
Let’s walk through the criminal court process step by step so you know what to expect.
Step One: The Criminal Charge
A criminal case usually begins after an arrest, a police investigation, or the filing of a criminal complaint.
The 52-4 District Court serves Troy and Clawson and handles misdemeanor criminal cases from beginning to end. It also handles the early stages of felony cases, including arraignments and preliminary examinations, before qualifying felony cases move to circuit court.
Every case is different, but understanding the process can help reduce uncertainty.
Step Two: The Arraignment
For many defendants, the first court appearance is the arraignment.
During an arraignment, the court generally:
Explains the criminal charge.
Advises you of your constitutional rights.
Addresses bond and bond conditions.
Sets future court dates.
Depending on the circumstances and local procedures, an attorney may be able to address certain procedural matters before an in-person arraignment is required.
Step Three: Reviewing the Evidence
This is where a defense begins.
I don’t assume the police got everything right.
Instead, I begin reviewing the evidence, including:
Police reports
Dash camera video
Body camera footage
Witness statements
Breath or blood test records in OWI cases
Laboratory reports
Search warrants
Dispatch recordings
Every criminal case should be evaluated on its own facts, not assumptions.
Step Four: The Pretrial Conference
After the arraignment, most cases move into one or more pretrial conferences.
During this stage, attorneys may:
Exchange discovery.
Discuss legal issues.
Negotiate with the prosecutor.
Identify evidentiary concerns.
Evaluate possible resolutions.
Prepare for motions or trial.
Many criminal cases are resolved during the pretrial stage, while others continue toward additional hearings or trial.
Step Five: Motions and Legal Challenges
Not every case goes directly to trial.
Sometimes legal motions are filed to challenge evidence or address constitutional issues.
Depending on the facts, those issues might involve:
The legality of the traffic stop.
Probable cause.
Search and seizure.
Statements made to police.
Breath-test or blood-test evidence.
Identification procedures.
The appropriate strategy depends entirely on the individual case.
Step Six: Trial, If Necessary
If a case cannot be resolved through negotiations or other legal proceedings, it may proceed to trial.
At trial, the prosecution bears the burden of proving every element of the offense beyond a reasonable doubt.
The defense has the opportunity to challenge the evidence, cross-examine witnesses, present admissible evidence, and argue the case before the judge or jury when applicable.
What Types of Cases Are Heard in the 52-4 District Court?
The 52-4 District Court hears many types of criminal and traffic matters, including:
OWI and DUI
Reckless driving
Driving while license suspended
Assault and battery
Domestic violence
Retail fraud
Drug possession
Probation violations
Misdemeanor criminal offenses
Preliminary examinations in felony cases
The court also has civil, traffic, criminal, and probation divisions.
Why Local Court Experience Matters
Every Michigan district court follows the same general criminal procedure, but each court has its own scheduling practices, administrative procedures, and courtroom expectations.
Understanding those procedures helps attorneys prepare clients, anticipate issues, and develop a strategy tailored to the court and the facts of the case.
Why Clients Choose Fraiberg & Pernie
At Fraiberg & Pernie Criminal Defense Lawyers, we represent clients throughout Troy, Clawson, Oakland County, Wayne County, Macomb County, and communities across Southeast Michigan.
Before becoming a criminal defense attorney, I served as a city prosecutor.
My law partner, Eric Pernie, served as a Michigan police officer before entering private practice.
Together, we bring experience from both sides of the criminal justice system, allowing us to carefully evaluate investigations, evidence, and legal issues in every case.
Final Thoughts
If your case is pending in the 52-4 District Court in Troy, understanding the criminal process is one of the best ways to reduce uncertainty and prepare for what lies ahead.
Every criminal case deserves an individualized review, a thoughtful legal strategy, and experienced representation.
I’m Matthew Fraiberg with Fraiberg & Pernie Criminal Defense Lawyers.
If you’re facing an OWI, DUI, misdemeanor, felony, or probation violation in the 52-4 District Court or anywhere in Oakland County, contact our office. We’ll review your case, explain your legal options, and help you understand the next steps.
Thank you for watching.
Transcript
Will I Lose My Driver’s License After an OWI in Michigan?
One of the first questions people ask me after an OWI arrest is:
“Am I going to lose my driver’s license?”
The honest answer is:
Maybe—but not always, and not in the way many people think.
I’m Matthew Fraiberg with Fraiberg & Pernie Criminal Defense Lawyers, and let’s talk about what really happens to your driver’s license after an OWI arrest in Michigan.
The first thing I want you to understand is that being arrested is not the same as being convicted.
Many people leave jail believing they can never drive again. In reality, the effect an OWI has on your driver’s license depends on several different factors, including the specific charge, whether you provided or refused a chemical test, your driving history, and how your case is ultimately resolved.
That’s why it’s important not to jump to conclusions before you understand the facts of your case.
Right After the Arrest
Immediately after an OWI arrest, many drivers are confused about whether they can still legally drive.
In many situations, the answer isn’t as simple as yes or no.
Michigan has both criminal laws and administrative driver’s license laws, and those systems can affect your driving privileges in different ways.
Understanding the difference is one of the first things I explain to my clients.
If You Took a Breath or Blood Test
If you submitted to chemical testing, your driver’s license consequences generally depend on the final outcome of your criminal case.
The type of conviction, if any, and your prior driving history can all influence what happens next.
Every situation deserves an individual evaluation.
If You Refused a Chemical Test
Refusing a chemical test can create a separate legal issue under Michigan’s Implied Consent law.
Many people don’t realize that refusing a test may involve administrative driver’s license consequences that are different from the criminal charge itself.
These matters often involve important deadlines, so waiting too long to address them can limit your options.
Can You Drive to Work?
Another question I hear almost every day is:
“Can I still drive to work?”
The answer depends on the facts of your case and the applicable Michigan law.
Some drivers may qualify for limited driving privileges under certain circumstances, while others may face different restrictions.
That’s one reason every case should be reviewed individually instead of relying on advice from friends or information found online.
Don’t Assume You Already Know the Outcome
I’ve represented many people who believed they already knew what was going to happen because they read something online or knew someone who had an OWI years ago.
The problem is that no two cases are exactly alike.
Different facts can lead to very different outcomes.
That’s why I focus on reviewing the evidence before making assumptions.
What Do I Review?
Every OWI case starts with a careful review of the evidence.
That may include:
Police reports
Dash camera footage
Body camera video
Field sobriety testing
Breath test records
Blood test documentation
Witness statements
Dispatch recordings
Constitutional issues involving the stop or arrest
Sometimes the evidence supports the charge.
Sometimes it raises important legal questions that deserve further investigation.
Either way, you should know exactly where your case stands before making decisions about your future.
Why Early Legal Advice Matters
Waiting until the last minute rarely helps.
The earlier you understand your legal situation, the sooner you can begin protecting your rights, preserving evidence, and preparing for what comes next.
Whether your concern is your driver’s license, your employment, your insurance, or your criminal record, having accurate information from the beginning is important.
Why Clients Turn to Fraiberg & Pernie
At Fraiberg & Pernie Criminal Defense Lawyers, we represent individuals charged with OWI, DUI, and criminal offenses throughout Oakland County, Wayne County, Macomb County, and across Michigan.
Before entering private practice, I served as a city prosecutor.
My law partner, Eric Pernie, served as a Michigan police officer.
Together, we evaluate every case from multiple perspectives, helping our clients understand both the legal process and the options available to them.
Final Thoughts
If you’ve recently been arrested for an OWI in Michigan, don’t assume you’ve automatically lost your driver’s license.
Every case is different.
The best way to understand what may happen is to have your case reviewed by an experienced Michigan OWI defense attorney who can evaluate the evidence and explain your legal options.
I’m Matthew Fraiberg with Fraiberg & Pernie Criminal Defense Lawyers.
Thank you for watching, and if you have questions about your OWI case or your driver’s license, we’re here to help.
Imagine this…
You’ve just been stopped by a police officer in Royal Oak, Michigan. After a series of questions, field sobriety tests, and possibly a breath or chemical test, you’re arrested for Operating While Intoxicated, commonly called an OWI.
Now what?
I’m Matthew Fraiberg with Fraiberg & Pernie Criminal Defense Lawyers, and I’d like to walk you through what generally happens after an OWI arrest in Royal Oak so you know what to expect.
One of the biggest misconceptions I hear is that an arrest means a conviction is inevitable.
That’s simply not true.
An arrest is the beginning of the legal process—not the end of it.
Every OWI case must be evaluated based on its own facts, the available evidence, and the applicable Michigan law.
If you’re arrested in Royal Oak, your case will generally begin in the 44th District Court, which handles misdemeanor OWI cases arising within the City of Royal Oak.
During the early stages of your case, the court may address issues such as:
Your first court appearance.
Bond and bond conditions.
Future hearing dates.
Scheduling of pretrial proceedings.
Every case follows its own timeline depending on the specific facts and legal issues involved.
While court dates are being scheduled, your attorney should already be reviewing the evidence.
That review may include:
The reason for the traffic stop.
Police reports.
Dash camera footage.
Body camera video.
Field sobriety testing.
Breath or blood test records.
Witness statements.
Constitutional issues involving the investigation.
Sometimes that review confirms the evidence is strong.
Other times, it identifies legal questions that deserve closer examination.
The days immediately following an OWI arrest are important.
Following bond conditions, appearing for court when required, and understanding your legal obligations can all affect how your case proceeds.
This is also the time to begin developing a legal strategy based on the facts—not assumptions.
Many people are most concerned about whether they will be able to continue driving.
Driver’s license consequences after an OWI depend on several factors, including the charge, whether a chemical test was provided or refused, prior driving history, and the ultimate resolution of the case.
Every situation is different.
No.
Some cases are resolved through negotiations.
Some involve legal motions challenging evidence.
Others proceed to trial.
The right approach depends entirely on the facts, the evidence, and your individual circumstances.
Every Michigan district court follows the same criminal laws, but every court also has its own scheduling practices, procedures, and expectations.
Understanding how cases move through the local court system can help clients feel more prepared and make informed decisions throughout the process.
At Fraiberg & Pernie Criminal Defense Lawyers, we represent individuals charged with OWI and criminal offenses throughout Royal Oak, Oakland County, Wayne County, Macomb County, and communities across Southeast Michigan.
Before entering private practice, I served as a city prosecutor.
My law partner, Eric Pernie, served as a Michigan police officer.
Together, we evaluate every case from both the prosecution’s and law enforcement’s perspectives while helping clients understand the legal process from beginning to end.
If you’ve been arrested for an OWI in Royal Oak, don’t assume you already know what will happen next.
Every case is unique.
The sooner you understand the evidence, the court process, and your legal options, the better prepared you’ll be to move forward.
I’m Matthew Fraiberg with Fraiberg & Pernie Criminal Defense Lawyers.
If you’re facing an OWI in Royal Oak or anywhere in Oakland County, contact our office. We’ll review your case, explain your legal options, and help you understand the next steps.
Thank you for watching.